Bill to improve fracking laws is flawed

May 22, 2012

With Ohio becoming the new Wild West of shale fracking, it behooves Ohio House members rushing to wrap up a mammoth oversight bill this week to fix some obvious shortcomings -- although Senate Bill 315 does improve on current law.

First among the flaws is a failure to require frackers to disclose all chemicals before drilling to allow baseline testing of drinking water and to aid medical providers in case of mishap. Oil and gas drillers fiercely guard "trade secrets" in the chemical stews used in the hydraulic fracturing of shale, but public health considerations must be paramount. After-the-fact disclosures are not sufficient, and loopholes that appear to exclude some chemicals from disclosure should be closed.

Second, the public should have the right to appeal a drilling permit. The permitting process must include public notice requirements, including published notices.

Finally, the bill unwisely jeopardizes $2 billion in Ohio wind-farm investments by allowing state renewable energy credits to be generated by natural-gas cogeneration installations at public colleges. That's likely to devalue these credits, upending the financial viability of five wind farms now on the drawing boards.

SB 315 passed the Senate recently largely on a party-line vote. ... The House must fix its flaws.